A.
Applicability. Insofar as the standards in this article
are not inconsistent with the provisions of § 59.69(10), Wis. Stats.,
for counties or § 62.23(7)(h), Wis. Stats., for cities and villages,
they shall apply to all nonconforming uses and nonconforming structures. These
regulations apply to the modification of, or addition to, any structure and
to the use of any structure or premises which was lawful before the passage
of this chapter or any amendment thereto.
B.
The existing lawful use of a structure or building or
its accessory use which is not in conformity with the provisions of this chapter
may continue subject to the following conditions:
(1)
No modifications or additions to a nonconforming use
or a nonconforming structure shall be permitted unless they are made in conformity
with the provisions of this chapter for the area of the floodplain occupied.
The words "modification" and "addition" include, but are not limited to, any
alteration, addition, modification, structural repair, rebuilding or replacement
of any such existing use, structure or accessory structure or use. Ordinary
maintenance repairs are not considered modifications or additions; these include
internal and external painting, decorating, paneling and the replacement of
doors, windows and other nonstructural components and the maintenance, repair
or replacement of existing private sewage or water supply systems or connections
to public utilities.
(2)
If a nonconforming use or the use of a nonconforming
structure is discontinued for 12 consecutive months, it is no longer permitted
and any future use of the property, and any structure or building thereon,
shall conform to the applicable requirements of this chapter.
(3)
As requests are received by the municipality for modifications
or additions to nonconforming uses or nonconforming structures, a record shall
be kept which lists the nonconforming uses and nonconforming structures, their
present equalized assessed value, and the cost of those additions or modifications
which have been permitted.
(4)
No modification or addition to any nonconforming structure or any structure with a nonconforming use which, over the life of the structure, would exceed 50% of its present equalized assessed value shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 350-25A.
(5)
If any nonconforming structure or any structure with
a nonconforming use is destroyed or is so badly damaged that it cannot be
practically restored, it cannot be replaced, reconstructed or rebuilt unless
the use and the structure meet the requirements of this chapter. For the purpose
of this subsection, restoration is deemed impractical where the total cost
of such restoration would exceed 50% of the present equalized assessed value
of the structure.
A.
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in a floodway area, unless
such modification or addition:
B.
Any addition to the existing structure shall be floodproofed, pursuant to § 350-38, by means other than the use of fill, to the flood protection elevation.
C.
No new on-site sewage disposal system or addition to
an existing on-site sewage disposal system, except where an addition has been
ordered by a government agency to correct a hazard to public health, shall
be allowed in a floodway area. Any replacement, repair or maintenance of an
existing on-site sewage disposal system in a floodway area shall meet the
applicable requirements of all municipal ordinances and Ch. COMM 83, Wis.
Adm. Code.
D.
No new well or modification to an existing well used
to obtain water for ultimate human consumption shall be allowed in a floodway
area. Any replacement, repair or maintenance of an existing well in a floodway
area shall meet the applicable requirements of all municipal ordinances and
Chs. NR 111 and NR 112, Wis. Adm. Code.
A.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality. In addition, the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in § 350-25, except where Subsection B is applicable.
B.
Where compliance with the provisions of Subsection A would result in unnecessary hardship, and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Zoning Board of Appeals, using the procedures established in § 350-36, may grant a variance from those provisions of Subsection A for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted provided that:
(1)
No floor is allowed below the regional flood elevation
for residential or commercial structures;
(2)
Human lives are not endangered;
(3)
Public facilities, such as water or sewer, will not be
installed;
(4)
Flood depths will not exceed two feet;
(5)
Flood velocities will not exceed two feet per second;
and
C.
D.
All new private sewage disposal systems, or addition
to, replacement, repair or maintenance of a private sewage disposal system,
shall meet all the applicable provisions of all local ordinances and Ch. COMM
83, Wis. Adm. Code.
E.
All new wells, or addition to, replacement, repair or
maintenance of a well, shall meet the applicable provisions of this chapter
and Chs. NR 111 and NR 112, Wis. Adm. Code.
